BILL NUMBER: SB 444	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans
   (Principal coauthor: Assembly Member Williams)
   (Coauthors: Assembly Members Allen and Furutani)

                        FEBRUARY 16, 2011

   An act to amend Section 66427.5 of the Government Code, relating
to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 444, as introduced, Evans. Land use: subdivisions: rental
mobilehome park conversion.
   The Subdivision Map Act requires a subdivider, at the time of
filing a tentative or parcel map for a subdivision to be created from
the conversion of a rental mobilehome park to resident ownership, to
avoid the economic displacement of all nonpurchasing residents by
following specified requirements relating to the conversion,
including the requirement that the subdivider obtain a survey of
support of residents of the mobilehome park for the proposed
conversion, the requirement that the results of the survey be
submitted to the local agency for consideration, as specified, and
the requirement that the subdivider be subject to a hearing by the
legislative body or advisory agency that is authorized to approve,
conditionally approve, or disapprove the map.
   This bill would clarify that the local agency is required to
consider the results of the survey in making its decision to approve,
conditionally approve, or disapprove the map; that the agency is
authorized to disapprove the map if it finds that the results of the
survey have not demonstrated adequate resident support; and that,
with respect to mitigation of economic displacement of all
nonpurchasing residents, the scope of the hearing is limited to
compliance with these provisions of the act.
   This bill would find and declare that the changes made by this act
do not constitute a change in, and are declaratory of, existing law,
and would state the intent of the Legislature to clarify the intent
of certain provisions of the subdivision map.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66427.5 of the Government Code is amended to
read:
   66427.5.  At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a rental mobilehome
park to resident ownership, the subdivider shall avoid the economic
displacement of all nonpurchasing residents in the following manner:
   (a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which is
to be created by the conversion of the park to resident ownership, or
to continue residency as a tenant.
   (b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted to
resident owned subdivided interest.
   (c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
   (d) (1) The subdivider shall obtain a survey of support of
residents of the mobilehome park for the proposed conversion.
   (2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners'
association, if any, that is independent of the subdivider or
mobilehome park owner.
   (3) The survey shall be obtained pursuant to a written ballot.
   (4) The survey shall be conducted so that each occupied mobilehome
space has one vote.
   (5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered  as part of the subdivision map hearing prescribed
by subdivision (e)   in the agency's decision as to
whether to approve, conditionally approve, or disapprove the map, and
the agency may disapprove the map if it finds that the results of
the survey have not demonstrated adequate resident support  .
   (e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency  , which   that  is
authorized by local ordinance to approve, conditionally approve, or
disapprove the map.  The   With respect to
mitigation of economic displacement of all nonpurchasing residents,
the  scope of the hearing shall be limited to the issue of
compliance with this section.  Nothing in this section shall be
construed to relieve the subdivider or the local agency from
complying with other applicable state or local laws, including, but
not limited to, Chapter 4 (commencing with Section 66473) of this
division. 
   (f) The subdivider shall be required to avoid the economic
displacement of all nonpurchasing residents in accordance with the
following:
   (1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.
   (2) As to nonpurchasing residents who are lower income households,
as defined in Section 50079.5 of the Health and Safety Code, the
monthly rent, including any applicable fees or charges for use of any
preconversion amenities, may increase from the preconversion rent by
an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event
shall the monthly rent be increased by an amount greater than the
average monthly percentage increase in the Consumer Price Index for
the most recently reported period.
  SEC. 2.  (a) The Legislature finds and declares that the amendments
to Section 66427.5 of the Government Code made by this act do not
constitute a change in, but rather are declaratory of, existing law.
   (b) It is the intent of the Legislature to do both of the
following:
   (1) Clarify that the legislative intent underpinning paragraphs
(1) and (5) of subdivision (d) of Section 66427.5 of the Government
Code has been, and continues to be, to require a local agency to
consider, in making the decision to approve, conditionally approve,
or disapprove the tentative or parcel map, the level of resident
support for the proposed conversion, and that those provisions
authorize the agency, at its discretion, to disapprove the map, if it
finds that the results of the survey have not demonstrated adequate
resident support.
   (2) Clarify that subdivision (e) of Section 66427.5 of the
Government Code is not intended to relieve the subdivider or the
local agency from the requirement of complying with other applicable
state or local laws, including, but not limited to, Chapter 4
(commencing with Section 66473) of Division 2 of Title 7 of the
Government Code.